SLS 14RS-671 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 352
BY SENATOR MILLS
CRIME/PUNISHMENT. Provides relative to mandatory minimum sentences. (8/1/14)
AN ACT1
To enact Code of Criminal Procedure Article 890.3, relative to sentencing; to authorize2
waiver of mandatory minimum sentences under certain circumstances; and to3
provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Criminal Procedure Article 890.3 is hereby enacted to read as6
follows:7
Art. 890.3. Waiver of mandatory minimum sentences8
A. Notwithstanding any other provision of law to the contrary, the9
sentencing court may depart from an applicable mandatory minimum sentence10
or a sentence of imprisonment that is otherwise to be imposed without benefit11
of parole, probation, or suspension of sentence if the court, based on substantial12
and compelling reasons in the record, and giving due regard to the nature of the13
crime, the defendant's history and character, and the defendant's chances of14
successful rehabilitation, finds both of the following:15
(1) Imposition of the mandatory minimum sentence or the benefit16
restrictions would result in substantial injustice to the defendant.17 SB NO. 352
SLS 14RS-671 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2) Imposition of the mandatory minimum sentence or the benefit1
restrictions is not necessary for the protection of the public.2
B. The provisions of Paragraph A of this Article shall not apply under3
any of the following circumstances:4
(1) The offense included the use, attempted use, or threatened use of a5
dangerous weapon by the defendant against another person or resulted in the6
serious bodily injury of another person.7
(2) The offense involved a sex offense as defined and enumerated in R.S.8
15:541 against a person under the age of eighteen years.9
(3) The offense is punishable by life imprisonment without parole,10
probation, or suspension of sentence.11
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
Mills (SB 352)
Proposed law provides that a sentencing court may depart from an applicable mandatory
minimum sentence or a sentence of imprisonment that is otherwise to be imposed without
benefit of parole, probation, or suspension of sentence if the court, based on substantial and
compelling reasons in the record, and giving due regard to the nature of the crime, the
defendant's history and character, and the defendant's chances of successful rehabilitation,
finds both of the following:
(1)Imposition of the mandatory minimum sentence or the benefit restrictions would
result in substantial injustice to the defendant.
(2)Imposition of the mandatory minimum sentence or the benefit restrictions is not
necessary for the protection of the public.
Proposed law provides that proposed law does not apply under any of the following
circumstances:
(1)The offense included the use, attempted use, or threatened use of a dangerous
weapon by the defendant against another person or resulted in the serious bodily
injury of another person.
(2)The offense involved a sex offense as defined in present law against a person under
the age of 18 years.
(3)The offense is punishable by life imprisonment without parole, probation, or
suspension of sentence.
Effective August 1, 2014.
(Adds C.Cr.P. Art. 890.3)